Evans Halshaw Issue

theatretony

I bought a second hand car from them in November. Last week the handbrake button fell off (I have since found out this is a known issue with the Crossland X).

I called the dealer to get them to fix it under the consumer goods act, but they are refusing to repair for free and that I should pay for a diagnostic and any other costs as they only come with a 3 month warranty.

I thought that if a product fails within 6 months it is assume the fault was there at purchase and they have to repair. Especially as they are know for this fault.

I know I can purchase a part cheaply to fix it, but why should I. Of all the cars I have owned, I have never had a handbrake button fall off!!

What should I say to them to get them to fix it?

eskbanker

You're right that under section 19(14) of the Consumer Rights Act, a fault identified within six months is assumed to have been present when sold, so the onus is indeed on the retailer to prove otherwise:

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

https://www.legislation.gov.uk/ukpga/2015/15/section/19

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/6655759/evans-halshaw-issue

It is slightly more complicated than the initial premise, but essentially correct. As Banker says it is the Consumer Rights Act 2015. When it comes to cars they are entitled to charge for inspection and diagnostic costs, as it can be caused by damage, but where the fault is found your inspection costs will be covered by them. The normal process is they charge the diagnostic fee, a relatively trivial amount, that shows it was a fault rather than damage, the refund the fee and fix the part. The alternative is a long drawn out argument, when they eventually fix the part after you have paid and then have the fee refunded.

Baldytyke88

Fixing it yourself might be the cheapest opion.

AI Overview
It is a well-documented issue with the Vauxhall Crossland X (and the similar Opel Mokka) that the plastic retaining tab on the handbrake button breaks, causing it to fall off and leaving the handbrake stuck
. While main dealers often claim the entire handbrake unit must be replaced at a cost of hundreds of pounds, you can fix this yourself or with a specialized, cheaper part.
Here is a guide to resolving the broken handbrake button issue on the Crossland X:
The Problem

Cause: The internal plastic tab on the button snaps, often caused by the spring mechanism, rendering the brake stuck in the up (engaged) or down (disengaged) position.
Dealer Solution: Dealers usually charge for a full handbrake assembly replacement, often costing over £250-£400 due to labour and the need to remove the centre console. 

The Recommended Fix: Metal Replacement Button
Many owners have successfully replaced the broken plastic button with an aftermarket metal replacement button. These are often found on Amazon or eBay for under £10.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/81888303#Comment_81888303

I would disagree with your statement that EH are entitled to charge for inspection or diagnostic costs. The CRA assumes the fault existed within the first 6 months, unless EH can prove otherwise. EH are not allowed to charge the OP to perform their own diagnostics to determine whether the alleged fault existed at the time of collection/delivery. That's a cost they have to bear otherwise it would be an attempt to contract out of the CRA. So it might be EH policy to charge for a diagnostic first, but the OP is not obliged to agree.

If EH wish to take a particular stance and refuse to engage, then it just accelerates the OP's rights to reject the car or seek compensation for breach of contract at the cost of EH.

theatretony

https://forums.moneysavingexpert.com/discussion/comment/81888344#Comment_81888344

I agree it may be cheaper to do it myself, but the fault is with the item - why should I be out of pocket (no matter how small) due to thier shoddy item.

https://forums.moneysavingexpert.com/discussion/comment/81888303#Comment_81888303

They want to charge over £170 for diagnostic! I can show them with their own eyes that the button is now separate from the handbrake - diagnosis complete!!

eskbanker

The fact that the button has fallen off is unlikely to be subject to any dispute, but the question is presumably whether or not this was because of some manufacturing flaw, etc, or customer damage? As above, that doesn't mean they're entitled to charge you though…

theatretony

https://forums.moneysavingexpert.com/discussion/comment/81888462#Comment_81888462

This is a well known issue with the Crossland X - I was not aware until after I bought the car. The issue is the button is plastic and is on top of the handbrake. I have used the handbrake I would expect to use it. I would never expect a handbrake button to be wear and tear.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81888481#Comment_81888481

Yes, I wasn't siding with the retailer as such, just observing that in such circumstances there can be two sides of the story, however compelling you feel yours is!

born_again

Handbrake…. Though they were all electric now… How quaint of Stellantis to stick with old tech 🤣

Zinger549

https://forums.moneysavingexpert.com/discussion/comment/81888589#Comment_81888589

The Crossland X has been around since 2017